Need clarification from a Service matter lawyer


Pls advise whether one needs to be in regular service at present or a regular service with previous employer under government will also be eligible for applying to the posts.
Nite:Presently the applicant is on contract service under the State government after tendering technical resignation.

The contents of the advertisement are as under:

Online Applications (ORA) are invited from desirous and eligible employees (Candidates)
of THE H.P. GOVT. DEPARTMENT/BOARDs/CORPORATIONs/ AUTONOMOUS BODIES /
UNIVERSITIES / CO-OPERATIVE BANK OF THE STATE OF HIMACHAL PRADESH
HAVING BACHELOR’S DEGREE FROM A RECOGNIZED UNIVERSITY WITH 03 (THREE)
YEARS REGULAR SERVICE for initial selection of 30 candidates for undergoing pre induction training
at HIPA through Preliminary Entrance Examination followed by Main Entrance Examination for induction
in Himachal Pradesh Finance & Accounts Service which shall be available on the Commission’s website
www.hppsc.hp.gov.in/hppsc up to 15-01-2019 till 11:59 P.M. (IST), thereafter link will be disabled.
IMPORTANT INSTRUCTIONS:-
1. Date for determining eligibility of candidates in respect of essential qualification(s) and experience
i.e. 03 years regular service in the above mentioned Departments shall be the prescribed closing
date for submission of online Recruitment Applications (ORA) i.e.15-01-2019.


Your reply shall be highly appreciated and solicited.
 
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It is very clear that the candidate should have been in Regular service of 3 years on the closing date 15-01-2019, whereas you were on contractual service (and not on Regular service) during the closing date 15-01-2019 as per your previous query (information). Thus, you were not suitable/eligible as per the PSC advertisement.
 
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It is very clear that the candidate should have been in Regular service of 3 years on the closing date 15-01-2019, whereas you were on contractual service (and not on Regular service) during the closing date 15-01-2019 as per your previous query (information). Thus, you were not suitable/eligible as per the PSC advertisement.
 
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Om parkash Sir,
Date for determining eligibility of candidates in respect of essential qualification(s) and experience 
i.e. 03 years regular service in the above mentioned Departments shall be the prescribed closing 
date for submission of online Recruitment Applications (ORA) i.e.15-01-2019.
Till 15-01-2019 I had four years and 8 months of regular service from 2012 to August 2016 .From August 2016 to present date I have service experience on contract basis.
Will my regular service from 2012 to 2016 be forfeited??No where in this advertisement ,they have uses regular service with present employer.
 
Reply   
 

The earlier regular service from the year 2012 to 2016 has been discontinued for the purpose of consideration in the Advertisement of PSC, becoz onwards (means after joining the new department no matter after technical resignation) you have been on contractual service. Had you been on Regular service in the present department also, then there wouldn't have any problem for PSC. Nonetheless, if you find that I am wrong in my opinion, then please file a WP in the H.C. challenging the decision of the PSC. Not only that I am sorry to add further that your present contractual service would also not qualify you for the pensions also, if applicable to the new department. Regards.
 
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I'm getting regularised on 1st September 2019 after completion of three years contract as in our state there is a contractual Policy for new entrants in government service after 2013. Now ,I will have completed three years on contract on 26.8.19 and hence wil be regularised on 1st September 2019.
My submission and very humble one Om Parkash sir is
1)Whether my previous service in regular capacity gets forfeited both for work experience and terminal benefits.
2)And after I get regularised on 1st september 2019 ,will I be able to write the exam next year ,taking my previous service and this service on cumulative basis.
I shall be very obliged if your clear my doubt as u have been very kind enough for lending me invaluable advise .And I definitely value your previous suggestions sent in previous messages .
Kindly reply tHis query too sir.

Regards
 
Reply   
 
Advocate

You are having the requisite service and qualification required for appearing the exam.You can stake your right.

 
Reply   
 

Ms. Anu, I have full sympathy with you but sometimes under some illusion or misconception we commit irrevocable blunders, which you did while tendering the technical resignation from the department where you were Regular employee to the present one where you are a contractual employee. So your status as Regular was automatically changed to the Contractual employee. As you have mentioned that from 01-09-2019 you will become the Regular employee in your present employment with 3 years service, which means that you will be eligible for the next PSC vacancies, (provided the terms and condition be the same as of the previous one). (2) BTW would you be kind enough to state additionally, whether your earlier service (as Regular employee) was in the State or Central government.
 
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Om Parkash Sir I was a regular employee under the State Government.
 
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My present job on contract basis where I wl get regularised after three years is a State Subordinate allied service job where I'm posted as on Inspector rank.
In my previous job I had less pay scale and it was a non transferrable job which was 150 km from my home
 
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